Articles


Condemnation Abuse
By: Paul Stam, Representative of the 37th District
Fall of 2006


Re: Eminent Domain/Kelo/Condemnation Abuse

Representative Stam led a bipartisan coalition of 88 members of the House to file

"An act to amend the Constitution of North Carolina to prohibit condemnation of private property to be owned by other private owners for economic development, and to provide for the prompt payment of just compensation with right of tril by jury in all condemnation cases." (HB 2213)

In the summer of 2005 the U.S. Supreme Court decided (in Kelo v. New London, Connecticut) that local government could condemn private property and transfer it to someone else for economic development. The hue and cry around the county spread like wildfire.

This proposed constitutional amendment:
  1. Reverses the infamous Kelo decision for North Carolina permanently by disallowing condemnation in such cases;
  2. Requiring prompt payment of just compensation;
  3. Requires trial by jury in all condemnation actions as a matter of constitutional right (as do 49 other states), rather than by statutory grace.
The proposal reads:

Private property shall not be taken except for a public use. Except if the property to be taken is blighted as defined by general law, public use does not include the ownership of property by a private entity for economic development. Just compensation shall be promptly paid and, if demanded by the owner, shall be determined by a jury."

Despite overwhelming support, Jim Black and the Democratic leaders repeatedly refused to allow the House to send this to the people of North Carolina for a decision.

Representative Paul Stam
P.O. Box 1600
Apex, NC 27502
Tel: 919-362-8873
Email: pauls@ncleg.net

This photo illustrates just one of Rep. Stam’s many pleas to the Speaker and the House to follow the established rules and allow a vote. The writer represents Southern Wake County in the North Carolina House of Representatives.

Back to the Top